Rules & Regulations Title 11

Article 1. General Purpose

11.1.1 Necessity - The Board of Directors believes that it is necessary to establish and enforce certain controls relating to the access of private property owners to the public streets, roads and highways within the District so as to provide for public safety, proper drainage and to preclude damage to public streets, roads and highways.

Article 2. Adoption by Reference

11.2.1 - All improvements to streets, roads and highways within the District shall be constructed to the standards set by the County of Pueblo Road and Bridge Department which are hereby adopted by reference.

Article 3. Driveways; Construction & Repair

11.3.1 Definitions

a. Owner shall mean any person in whom the record fee title to property within the District is vested, although subject to lien or encumbrances. The holder of a bona fide contract of purchase to any property within the District shall be considered the owner for purposes hereof.

b. Agent shall mean any person other than the owner in charge of or having control and supervision of the premises. An occupant or tenant of the premises, except hotels, apartments, office buildings, shall for all purposes of this Title be considered an agent.

c. Permit shall mean the written specific authorization required pursuant to this or any other rule, regulation or resolution of the District for driveway access to the streets and road within the District. (See Appendix E-1.)

11.3.2 Construction Mandatory - The owner of the property on which a building is to be constructed, or his authorized agent, will cause a properly designed driveway access to be installed at time of construction.

11.3.3 Construction Permit - A properly executed "Application for Driveway Access and Drainage Way Permit" (See Appendix E-1) must be submitted with the other required building permit documents. Copies of the permit application are available at the District offices.

11.3.4 Construction Specifications

a. Construction Specifications shall be as specified in "Article 7" of the Pueblo West Roadway Design and Construction Standards.

11.3.5 Owner Responsibility - The owner (Applicant) shall provide all necessary materials and labor and any necessary traffic control devices during construction. The owner is responsible to maintain the driveway access and any drainage structures in a good state of repair.

11.3.6 Inspection Powers and Authority of District Agents - The District Engineer and other duly authorized employees of the District, shall inspect the area of the proposed driveway access and specify the requirements (form inspection, finished work inspection, etc.) which must be met in order to obtain a Building Permit, Certificate of Occupancy, and grant access to the road system.

11.3.7 Alterations - Alterations to approved driveway access will not be accomplished without prior approval by the District Engineer or his/her designee.

11.3.8 Existing Driveways - Driveway accesses installed prior to the implementation of this Title shall be required to meet the applicable specifications stated herein not later than two (2) years following the enactment date.

Article 4. Enforcement

11.4.1 The District to Require Construction of Proper Driveway - Should the owner, or his authorized agent, fail to construct a proper driveway access as approved by the District or should the owner, or his authorized agent, fail to follow to required inspection procedures, construct a proper driveway access as required by the District at its option may:

a. Make necessary repairs or complete construction required to the driveway access and assess the property owner a charge in an amount equal to the entire cost expended by the District (including administrative cost) to bring the driveway access into compliance with the provisions of this Title 11.

b. Require the owner, or his authorized agent to obtain proper approvals for the driveway access construction and to construct it in accordance with specifications approved by the District by an action in the Colorado District Court for Pueblo County.

11.4.2 Legal Costs -Should it be necessary to enforce the provisions of this Title 11 by action in any court, the owner or his authorized agent shall pay to the District a charge equal total costs and fees expended by the District to pursue said action or actions, and the District may recover said costs and fees in said action or actions as additional damages.

Article 5. Access Agreement

11.5.1 - Person applying for an access permit to commercial property shall be required to enter into an access agreement between the property owner and the District. Said agreement shall set forth the Owner's obligation to construct the access and road improvements required by the District as determined by the traffic and drainage studies and the Pueblo West Roadway Design and Construction Standards and the Storm Drainage Criteria and Drainage Policies which have been adopted by the District and set forth in this Title 11. The Owner may be required to complete all drainage and roadway improvements at the time of construction of the access to the roadway or, at the District's discretion, he may be required to deposit with the District, in escrow, an amount equal to the estimated cost to complete the improvements. Said improvements shall be set forth in the said access agreement. The owner shall be required to secure the performance of his obligation by depositing with the District adequate adequate security in form and content acceptable to the District. The access agreement shall be in the substantial form as set forth in sample access agreement attached to these Rules and Regulations as Appendix G. The owner shall comply with all obligations of the owner as set forth in the said access agreement as approved by the District. The access agreement between the District and the property owner may be modified from the sample form if the District determines it is necessary to make additional requirements of the Owner in order to fulfill the District's Obligation and the general purpose of this Title 11.